S 2502 · 114th Congress 2015–2017, ended

Affordable Retirement Advice Protection Act

Fact sheet

Latest action · Feb 4, 2016 Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 4, 2016
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Affordable Retirement Advice Protection Act

This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to define "investment advice," as it relates to fiduciary duties under such Act, as a recommendation that relates to: (1) the advisability of acquiring, holding, disposing, or exchanging any moneys or other property of a pension plan (or Individual Retirement Account) by the plan, plan participants, or plan beneficiaries, including any recommendation regarding whether to take a distribution of benefits from the plan or any recommendation relating to a rollover or distribution from such plan; (2) the management of moneys or other property of the plan, including recommendations relating to the management of plan assets to be rolled over or otherwise distributed from the plan; or (3) the advisability of retaining or ceasing to retain a person who would receive a fee or other compensation for providing investment advice. Investment advice must be rendered pursuant to either: (1) a written acknowledgment of the obligation of the investment advisor to act in accordance with fiduciary standards under ERISA; or (2) a mutual agreement, arrangement, or understanding that may include limitations on scope, timing, and responsibility to provide ongoing monitoring or advice services.

The bill allows an exemption from ERISA prohibited transactions rules for investment advice: (1) for which no more than reasonable compensation is paid; or (2) that is based on a limited range of investment options or may result in variable income to the investment advisor if a clearly-stated notice is provided to the advice recipient that the same or similar investments may be available at a greater or lesser cost from other sources.

The bill prohibits the Department of Labor from amending any rules or administrative positions regarding investment advice promulgated under ERISA and no such rules or administrative positions promulgated prior to the enactment date of this Act, but not effective on January 1, 2015, may become effective unless a bill or joint resolution specifically approving such rules or positions is enacted not later than 60 days after the enactment of this Act.

Cosponsors 16

Members who signed on, in the order they did. Signatures ran from Feb 4, 2016 to Apr 20, 2016, with 4 there on the day it was introduced.

SeatCosponsorSigned on
R-ILMark KirkOriginalFeb 4, 2016
R-MSRoger F. WickerOriginalFeb 4, 2016
R-MTSteve DainesOriginalFeb 4, 2016
R-ARTom CottonOriginalFeb 4, 2016
R-TNLamar AlexanderFeb 8, 2016
R-WYMichael B. EnziFeb 10, 2016
R-MORoy BluntFeb 10, 2016
R-GADavid PerdueFeb 23, 2016
R-KSPat RobertsMar 8, 2016
R-NEDeb FischerMar 16, 2016
R-SDMike RoundsMar 17, 2016
R-OHRob PortmanApr 4, 2016
R-OKJames M. InhofeApr 11, 2016
R-LABill CassidyApr 13, 2016
R-NHKelly AyotteApr 18, 2016

Actions 2

Everything that happened, newest first.

  1. Feb 4, 2016Introduced in Senate
  2. Feb 4, 2016Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Related bills 3

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 2505SAVERS Act of 2016Related billFeb 4, 2016
HR 4293Affordable Retirement Advice Protection ActRelated billApr 20, 2016
HR 4294SAVERS Act of 2015Related billApr 20, 2016

Subjects

Assigned by the Library of Congress. Policy area: Labor and Employment.

Text 1

Each version as it was printed, newest first.

  1. Feb 4, 2016Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.